In the absence of a comprehensive data protection law and the existence of a fundamental right to privacy in doubt – it may seem that there is little the High Court could do. However, since the reference of the Aadhaar matters to the Constitutional Bench, multiple High Courts and even the Supreme Court (implicitly) have upheld the constitutional right to privacy. The High Court missed the opportunity to uphold 40 years of the Supreme Court’s jurisprudence on privacy which the Government is trying to overturn. Moreover, the direction to assess whether instant messaging (IM) applications can be brought within a regulatory framework should be closely watched. Any regulation of these services will require an amendment to the Telegraph Act and can have far reaching implications on the right to freedom of expression and the right to privacy.